Bhola Yadav @ Daya Shankar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59045 of 2019 Arising Out of PS. Case No.-165 Year-2019 Thana- KARAKAT District- Rohtas ====================================================== BHOLA YADAV @ DAYA SHANKAR YADAV Son of Sri Bhagwan Yadav @ Langar Yadav Resident of Village - Burhwal, P.S.- Karakat, District - Rohtas.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Babu Nandan Prasad For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 19-09-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Karakat P.S. Case No.165 of 2019 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The accusation is that on receiving the secret information about selling of the liquor in village-Burhwal by Bhola Yadav (petitioner) and Sri Bhagwan Yadav alias Langar Yadav (father of the petitioner), the informant along with other police personnel reached at the house of the petitioner. On seeing the police party, one person succeeded to flee away from there taking the advantage of narrow lane and on search of the house of the petitioner, 39 bottles, each containing 180 ml. Indian Made Foreign Liquor, kept in a sack, were recovered and one person was apprehended, who disclosed his name

Patna High Court CR. MISC. No.59045 of 2019(2) dt.19-09-2019 2/2 as Sri Bhagwan Yadav alias Langar Yadav (father of the petitioner). Learned counsel for the petitioner submits that at the time of the alleged recovery, the petitioner was not apprehended from his house and his father was apprehended but with an ulterior motive, the petitioner has also been implicated in this case being the son of Sri Bhagwan Yadav alias Langar Yadav. The petitioner has no criminal antecedent.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the 2nd Additional Sessions Judge-cum-Special Judge, Excise, Rohtas at Sasaram, in connection with Karakat P.S. Case No.165 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T